Legal Question in Sexual Harassment in Virginia

Re: Recorded evidence

The answer depends upon the law of the state where the recording may be made, AND where the recorded statement may wish to be used.

In NJ, only 1 party needs to agree to the recording of the statement. In PA, all parties must agree to the recording of the statement. I find the most effective use of a recorded statement to be as impeachment evidence. You ask the person a question under oath. If they 'lie', you ask them if they are sure about the lie repeatedly, then you introduce the recorded statement to impeach. Generally, you can use ANYTHING to impeach. I spoke to a comrad in PA just yesterday about this. He and I were in disagreement as to whether a recorded statement could be used in PA, even to impeach.

You need to look in the jurisdiction in which the statement is recorded and in which you wish to use it. Here's another question... Can you record the statement in NJ (where it is legal with 1 party consenting) and use it to impeach in PA???

Good luck,

Kevin J. Begley